Reliance General Insurance Co. ... vs Abhesing Kalubhai Patel
2021 Latest Caselaw 4318 Guj

       C/FA/4586/2019                                   IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 4586 of 2019
==========================================================

ABHESING KALUBHAI PATEL Versus MADANLAL NANDRAMJI ========================================================== Appearance:

MR KK THAKKAR for the PETITIONER(s) No. for the RESPONDENT(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. MR VIBHUTI NANAVATI for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 17/03/2021

IA ORDER

1. Heard learned advocate Mr. Kash K. Thakkar on behalf of

learned advocate Mr. K. K. Thakkar for the applicant.

2. Learned advocate Mr. Thakkar draws the attention of this

court to an order dated 08.05.2019 passed by this Court

Coram: Paresh Upadhyay, J. whereby the impugned judgment

and award was directed to be stayed on condition that the

appellant - applicant insurance company deposits the entire

awarded amount with the Tribunal by the returnable date.

Learned advocate further submits that the said order had been

complied with and the amount is lying with the Tribunal. He

C/FA/4586/2019 IA ORDER

therefore, requests this Court to pass appropriate orders for

disbursement of the same.

3. Considering the same, the learned Tribunal shall disburse

30% of the entire amount deposited in favour of the applicant

herein after due and proper verification. So far as the

remaining amount of 70% is concerned, the learned Tribunal

shall invest the same in a fixed deposit account with any

nationalised bank and whereas the original FDR's shall be

retained by the Nazir of the concerned Court. The applicant

shall be entitled for periodical interest.

4. With these directions and observations, the present

application is disposed of as allowed.

(NIKHIL S. KARIEL,J) MAYA S. CHAUHAN